Legal Study On The Principle Of Equity About Delimitation Of Continental Shelf

Delimitation of Continental Shelf is one of the most controversial issues in the field of the international law of the sea nowadays. Since 1982, scholars are doubtful whether the the“United Nations Convention on Law of the Sea"(UNCLOS)is a customary rule, for a long time. The Convention emphasized the issue of demarcation should find a fare solution, but it did not clear and definite the fairness doctrine, even did not provide more specific rules. Owing to the deficiency of the Convention, state practices and international practices play an important role during the process of rules of maritime delimitation. This thesis focuses on the application about the equitable principle in the delimitation of Continental Shelf. From the international judicial precedents, the author tried to summarize general conclusions and make clear the legal status of the fair principle, by interpretation to the understanding of International Court. On the other hand, starting from the theory and practice, author borrowed ideas from research experiences of some relevant scholars, study the disputes of the delimitation that China is facing today and agreements of demarcation, to analyze how to apply the principle of equity to solve the demarcation of East China Sea continental shelf.There are about three thousand words of seven parts:The introduction describes the purpose and scope of the paper, the current studies on domestic and overseas, theoretical and practical significance, and the main research methods used.ChapterⅠ: a general overview of the delimitation of the Continental Shelf.It introduced and discussed the historical origins, legal status and relationship between among the three theories in the delimitation of the Continental Shelf. With "Law of the Sea Convention" and "Convention on the Continental Shelf", it clarified that the principle of natural extension and the standard of the“200 miles”are the ownership system, the Equidistant \ middle line principle is a rule, and the fair principle is a guiding principle.ChapterⅡ: Study the equitable principles from the jurisprudence.Firstly, it discussed the "fair" meaning from angle of law, pointed out the word not only has the legal property, but also has international property. So the principle should be a legal guide to restrict acts of the State in areas of maritime delimitation. Secondly, it discriminated a group of concepts, to understanding the principle accurately and correctly. ChapterⅢ: The equitable principle in the international practices.Through researching about the international judicial precedents, reading the numerous academic theories, analysis of interrelated cases, it cited the judges’ points of view, and pointed out that the principle is developing to the direction of a general customary international law.ChapterⅣ: The deficiencies and conceive of the equitable principle.Form the background and content of the“United Nations Convention on the Law of the Sea”, it indicated there is lack of certainty and too flexible. Combined with the latest international judicial cases, it tried to improve the principle of equity, and outline the framework of the legal systemChapterⅤ: Protect China’s continental shelf rights.It abstracted China’s consistent stand and principle in the Delimitation of the Continental Shelf, studied the latest success of the Beibu Gulf Demarcation Agreement. Then it made some reasonable suggestions to the Sion-Japan dispute about delimitation of East China Sea Continental Shelf.Summary part described the focus and direction of the thesis, and stressed continental Shelf dispute is a complicated and sensitive issue. But on account of the unique rights and the scarce resources, continental shelf is important for every maritime country. So we should follow the equity guideline, take positive approach, find a peaceful and careful settlement to maritime delimitation disputes.